It must be demonstrably proven that 1) a PPT operator knew Pirate's operation was a scam and 2) said PPT operator did not disclose his knowledge of Pirate's scam to any/all investors and/or 3) said PPT operator did not give explicit and sufficient warning to all investors that there was a reasonable and real risk of some or total loss of deposits.
It sounds like, given the presence of number 2 above, you're responding to the argument that PPT operators scammed their investors. I don't think anyone's making that argument.
I read the thread title, and the OP, and gave my opinion with the knowledge that I have of the situation. I wasn't really responding to anyone else specifically. I'm just thinking within the context of the 'scammer tag' and what I think would also be consistent with the moderation on this forum.
The argument is that PPT operators scammed other Pirate investors by paying Pirate to make their customers the recipients of transfers they should have known were fraudulent -- transfers where Pirate obtained the money by representing that the funds would in fact be invested and where they knew that transfers to PPT operators were certainly not a legitimate investment of any kind. PPT operators paid Pirate to operate a Ponzi scheme for the benefit of their customers, and they either knew or should have known that this was what they were doing.
Thanks for the clarification, but I think that something similar to what I said earlier still applies here. I think that if the PPT operators' knowledge of Pirate's operation is generally equal to their customers' knowledge, then I don't see how you can blame them. The customers too "should have known" that this was what they were doing, so long as the PPT operators weren't withholding any information that would significantly affect peoples' opinions about investing.
Everyone knew Pirate's operation was almost certainly a scam. (And perfect certainty is never the standard.) No other possible business model was known and every previous such get rich quick scheme has proven to be a scam. Every single sign of a Ponzi scheme was present and there was never the slightest shred of any actual legitimate business activity. At least a dozen people were explaining on the forums why it had to be a scam. You can't stick your fingers in your ears and scream "LALALALALA!" while a dozen people are trying to tell you something and later claim you didn't know that.
Not everyone. I spent a good time creating a few models that would stand a reasonable chance at creating the same returns and also mimic Pirate's payment schedule. However, all of them required a nice chunk of initial capital and a 3rd party. Also, if everyone thought Pirate's operation was a scam, then how did Pirate manage to vacuum 5% of the market?
Let's see if we really believe your argument though. Say another Pirate comes along with precisely the same pitch, the same vague business model, the same absence of any evidence of any actual investment activity. And say someone starts up a pass through to this new scheme, claiming they don't know it's a scam and they think it's legitimate for some reason. Because ... Bitcoin! Would you say they're doing anything wrong?
To answer your question, I don't think it's a black or white situation. Time is important in this context. The longer a 'mystery business' operates and generates consistent payments, the more one is inclined to believe the next payment will come. Pirate operated without a hitch for a rather impressive length of time given his rate of interest and given the size of the market. What if Pirate had continued business successfully for another two years (albeit with declining interest rates), would you say he's doing anything wrong? How about after three years? After five years? Ten?
The way your scenario is poised, there is little information to be had outside of "here's a new guy that reminds me of Pirate." If instead it's "here's a new guy that has made me and many others a lot of money over the past few months and he's always punctual and he's never missed a payment," then that changes things a bit I'd say.